Thinking about a Parenting Plan?
Parenting Plans – What are they and why have one?
The best reasons for having a parenting plan are actually set out in the legislation. Section 63B of the Family Law Act 1975 is headed ‘Parents are encouraged to reach agreement’ and provides as follows:
The parents of a child are encouraged:
(a) to agree about matters concerning the child; and
(b) to take responsibility for their parenting arrangements and for resolving parental conflict; and
(c) to use the legal system as a last resort rather than a first resort; and
(d) to minimise the possibility of present and future conflict by using or reaching an agreement; and
(e) in reaching their agreement, to regard the best interests of the child as the paramount consideration.
Note: Parents are encouraged to reach an informal agreement between themselves about matters concerning their children by entering into a parenting plan. Parents who seek enforceable arrangements require court orders. These can be obtained by consent.
A parenting plan is essentially a written document signed by both parents setting out how they intend to manage their co-parenting in the future. It can deal with one or more of the following (as set out in section 63C):
(a) the person or persons with whom a child is to live;
(b) the time a child is to spend with another person or other persons;
(c) the allocation of parental responsibility for a child;
(d) if 2 or more persons are to share parental responsibility for a child--the form of consultations those persons are to have with one another about decisions to be made in the exercise of that responsibility;
(e) the communication a child is to have with another person or other persons;
(f) maintenance of a child;
(g) the process to be used for resolving disputes about the terms or operation of the plan;
(h) the process to be used for changing the plan to take account of the changing needs or circumstances of the child or the parties to the plan;
(i) any aspect of the care, welfare or development of the child or any other aspect of parental responsibility for a child.
Obviously it is very difficult to foresee what changes in circumstances may arise in the future. Therefor it is relatively easy to amend a parenting plan. This can be done by further written agreement between the parties.
An exception to the ability to amend a parenting plan arises if the parenting plan is registered with the Court under section 63DB of the Act. In this case it cannot be amended but can be revoked (and a further parenting plan entered into). In practice very few parenting plans are registered as parties would be better advised to apply for Consent Orders.
Unfortunately, Parenting Plans are not enforceable and therefore there is very little that can be done if one party does not follow the Plan.
If a Parenting Plan is not followed then this fact will be taken into account in any subsequent parenting applications to the Court however there are no direct consequences.
Parenting Plans are very useful for helping parties avoid the need and expense of involving the legal system where their relationship is such that this is possible.